SB436: relative to the penalties for various motor vehicle violations.

SB 436-FN - AS AMENDED BY THE SENATE

03/12/2020 1047s

2020 SESSION

20-2790

11/06

SENATE BILL 436-FN

AN ACT relative to the penalties for various motor vehicle violations.

SPONSORS: Sen. Chandley, Dist 11; Sen. Rosenwald, Dist 13; Sen. Morgan, Dist 23; Sen. Dietsch, Dist 9; Rep. Williams, Hills. 4; Rep. Martin, Hills. 23; Rep. Vail, Hills. 30; Rep. Telerski, Hills. 35; Rep. Fields, Belk. 4

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill provides for enhanced penalties for certain driving offenses where the offense was also based on facts involving the prohibited use of a mobile electronic device.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/12/2020 1047s 20-2790

11/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to the penalties for various motor vehicle violations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Criminal Code; Sentences and Limitations. Amend RSA 651:2 by inserting after paragraph II-g the following new paragraph:

II-h. A person charged with any offense under RSA 265, RSA 265-A, or RSA 630:3 whose offense was also based on facts involving the prohibited use of a mobile electronic device while driving, as defined in RSA 265:79-c, may be subject to enhanced penalties for such offenses, as follows:

(a) If the offense would otherwise constitute a violation, it may be charged as a class B misdemeanor.

(b) If the offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor.

(c) If the offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony.

(d) If the offense would otherwise constitute a class B felony, it may be charged as a class A felony.

(e) If the offense is a class A felony or an unclassified felony, there shall be no enhanced charge.

2 Effective Date. This act shall take effect January 1, 2021.

LBAO

20-2790

Amended 3/25/20

SB 436-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-1047s)

AN ACT relative to the penalties for various motor vehicle violations.

FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill establishes enhanced penalties for certain motor vehicle offenses that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges, if any, would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2021

FY 2022

Violation Level Offense

$52

$54

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$825/Case

$825/Case

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Contract Attorney – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)

$2,490/Case

$2,490/Case

Assigned Counsel – Felony.

Homicide (Including capital cases)

$100/Hour up to $20,000

$100/Hour up to $20,000

Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)

$100/Hour up to $8,000

$100/Hour up to $8,000

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties